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MIN RDC 2011-07-28
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MS. EOFF: But before we can reject them, they would have to come up for <br /> <br />MR. MELROSE <br />: Right, certainly. We would have to have a meeting at the end <br />we set on the next agenda item, at that meeting, we would have a chance to review them. And I <br />think we should set our meeting a little after that deadline. <br /> <br />MS. EOFF <br />: Then after we see exactly what we receive from a submission, it would be easier to <br />make a form. Because as you said, maybe some of these items don <br />they are already a part of the submitted plan. <br /> <br />MR. MIDDLESWORTH: I donÓt think it is up to the submitter to make that decision. I think <br />that is Mike's job to say okay, this meets the criterion or it doesnÓt. Many of these people, even I <br />donÓt feel comfortable saying I met all the criterion. Again, as I pointed out earlier, there is a <br />conflict in the Ordinance and you canÓt say that it meets all of the criteria, because the two are <br />conflicting. <br /> <br />MS. EOFF <br />: ThatÓs where you would want to give that justification or that explanation. <br />CHR. SIRACUSA <br />: I felt that itÓs there more as a reminder to people, this is one of the criteria <br />that you have to address, this is another one, and this is a third. And to make sure that for their <br />own clarification of thinking that they donÓt leave anything out; that nothing falls through the <br />cracks. So, basically when they are checking yes or no, they are checking their own opinion, but <br />we are asking them to provide a little explanation. In some cases the way they reply to that <br />might be very telling about their thought processes. So, I thougood to leave that in <br />because it is also part of the educational tool and making sure that what we get is complete and <br />hasnÓt left anything important out. <br /> <br />MR. KAHAWAIOLAÒA: Madam Chair, a point of clarification; I too, am perplexed about this <br />submittal. Is that now going to be within the CommissionÓs purview to say, if someone checks <br />no say to ÐNo district shall be drawn to unduly favor or penalize a person or political faction.Ñ <br />Yes, itÓs not or no, you can do it. Then you are asking for an explanation. Is that going to be <br />within the purview of the Commission to sit here and look at everybodyÓs submittal? And that is <br />only one question. There is a whole bunch of them here. There is a citation, HawaiÒi County <br />Charter, Section 3-17(g) and I think it would be incumbent on that individual to go see what it is, <br />this is all of it, and did you submit the map according to the p <br />Charter, Section 3-17(g)? <br /> <br />MR. MIDDLESWORTH: The fact is, that in the end, we as a Commission have to decide that <br />the plan we agree on, does, or does not meet all of the provisions. And even if it doesnÓt, we still <br />can submit it because among other things, there is no penalty provision in any of these statutes, <br />or in the Charter. So, it is up to us to decide what it is going to be. <br />MS. EOFF: ItÓs also up to us to, where we donÓt meet the criteria, or where we deviate more or <br />less, we just have to explain it. <br />MR. MIDDLESWORTH: Exactly. <br />29 <br /> <br />
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